Hidden Window Terms of Use

Effective: October 2014

HIDDEN Window TERMS OF USE

           INTRODUCTION

           AUTHORITY

           CHANGES TO THE TERMS OR APP

           REGISTRATION, PASSWORD AND SECURITY

           PRIVACY POLICY

           COPYRIGHT AND AUTHORIZATION

           COPYRIGHT COMPLAINTS

           TRADEMARKS AND SERVICE MARKS

           USER SUBMITTED CONTENT

           SUBMISSIONS TO NICKEL MEDIA

           ACCEPTABLE USE

           APP SECURITY

           GEOGRAPHICAL RESTRICTIONS

           GENERAL PRACTICE REGARDING USE AND STORAGE

           DISCLAIMER OF WARRANTIES

           ENFORCEMENT

           LIMITATION OF LIABILITY

           INDEMNIFICATION

           TERMINATION/SUSPENSION

           MISCELLANEOUS

1. INTRODUCTION

Welcome to the "Hidden Window" App ("App") operated by NICKEL MEDIA Inc. ("NICKEL MEDIA", "we", "our" and "us"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

This App permits users to submit messages, pictures, and videos to create user experiences for people. This includes videos, photographs, messages, pictures, or other social content.

This App may allow users to submit or post Content that may be used in NICKEL MEDIA'S advertising. By submitting any Content, a user agrees that he/she is eligible to submit Content and understands and agrees to be bound by these Terms of Use. 

This App also permits users to share on third-party platforms and to comment on the App materials and Content.  A user is responsible for complying with third-party platforms terms if posting to third-party platforms any of the App materials or Content.

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or using this App in any way you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through this App and other NICKEL MEDIA Apps (referred to collectively as the "Apps"), especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. These Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with NICKEL MEDIA, including any other website terms of use with an NICKEL MEDIA affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.

top

2. AUTHORITY

By using this App, you represent that you are at least 18 years old (19 in Alabama and Nebraska, 21 in Mississippi and Puerto Rico). Accordingly, you agree that you are at least 18 years of age or older (19 in Alabama and Nebraska, 21 in Mississippi and Puerto Rico), and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the App.

top

3. CHANGES TO THE TERMS OR APP

NICKEL MEDIA may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the App. The amended Terms will automatically be effective when posted on our site. Your continued use of our App after any changes in these Terms shall constitute your consent to such changes. NICKEL MEDIA reserves the right to change, modify or discontinue, temporarily or permanently, the App (or any portion thereof), including any and all content contained on the App, at any time without notice. You agree that NICKEL MEDIA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App (or any portion thereof).

top

4. REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on our App, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, NICKEL MEDIA may without notice suspend or terminate your access to our App and refuse any and all current or future use of our App (or any portion thereof).

If any portion of our App requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify NICKEL MEDIA of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which NICKEL MEDIA may otherwise have, NICKEL MEDIA reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the App and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, NICKEL MEDIA may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall NICKEL MEDIA be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of NICKEL MEDIA under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the App is invulnerable to all security breaches, and that NICKEL MEDIA makes no warranty, guarantee, or representation that use of any of our App is protected from viruses, security threats or other vulnerabilities.

top

5. PRIVACY POLICY

Please view our Privacy Policy, which explains NICKEL MEDIA'S practices relating to the collection and use of your information through or in connection with our App. NICKEL MEDIA'S use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the App you consent to the collection and use of this information (as set forth in the Privacy Policy).

top

6. COPYRIGHT AND AUTHORIZATION

This App and other NICKEL MEDIA Apps may provide you access to a wide variety of information, shopping, communications, entertainment, games, advertising and other services, products, data and materials ("Information"). Some of the Information is owned by NICKEL MEDIA and/or its affiliates. Other portions are owned by non-NICKEL MEDIA companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 9).

Some portions of the App may require you to download software ("Software") in order that you may access the App, the services provided through the App and/or the Information. The Software may be the property of NICKEL MEDIA or a supplier, vendor, or licensor to NICKEL MEDIA. The Information and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the Apps, the Information and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

top

7. COPYRIGHT COMPLAINTS

NICKEL MEDIA respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Apps in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing NICKEL MEDIA'S Copyright Agent the following written information:

                   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

                   A description of the copyrighted work that you claim has been infringed upon;

                   A specific description of where the material that you claim is infringing is located on the Apps;

                   Your address, telephone number, and e-mail address;

                   A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

                   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

NICKEL MEDIA'S Copyright Agent for notice of claims of copyright infringement on the Apps can be reached as follows:

Manager of Security & Copyright Infringement 1567 Arygle St. Halifax, Nova Scotia, Canada Phone: (902) 406-1555 E-mail: jason@jnickel.com

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that NICKEL MEDIA enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, you should consult an appropriate professional for specific advice tailored to your particular situation.

top

8. TRADEMARKS AND SERVICE MARKS

Trademarks (including but not limited to Hidden Window) that are used or displayed on the Apps are owned by NICKEL MEDIA Intellectual Property or by third parties other than NICKEL MEDIA that offer and provide products and services on or through the Apps. The trademarks of NICKEL MEDIA Intellectual Property may not be copied or used, in whole, partial or modified form, without the prior written permission of NICKEL MEDIA Intellectual Property or, if applicable, its licensor. In addition, NICKEL MEDIA custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of NICKEL MEDIA Intellectual Property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NICKEL MEDIA. You may not use any metatags or any other "hidden text" utilizing an NICKEL MEDIA name, trademark, or product name without NICKEL MEDIA'S express written consent.. Other trademarks and trade names are those of their respective owners.

top

9. USER SUBMITTED CONTENT

This App allow users to post Content that may be used in the NICKEL MEDIA advertising without compensation unless required by applicable law or other requirements.  With respect to your name and likeness, profile picture, and any message, data, image, text, photos, graphics, audio, video or other material you elect to post to this App, while you retain any and all of your lawfully owned rights in such Content, you acknowledge that you own completely and have full rights to license for NICKEL MEDIA'S use, and you grant NICKEL MEDIA a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Apps to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of our Apps.  You agree that no advertisement or other material need be submitted to you for approval and the licensed parties shall be without liability to you for any distortion or illusionary effect resulting from the publication of your name, likeness, or submitted content.  You warrant and represent that any content that you submit fully complies with these Terms of Use, including that the content does not infringe on any third party's copyright, trademark, privacy, publicity, or other intellectual property rights.

No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content unless required by applicable law or other requirements. Any such compensation will be at the minimum so required.  You agree that NICKEL MEDIA is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 11 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify NICKEL MEDIA for all claims resulting from the Content you supply.

NICKEL MEDIA does not generally pre-screen or control Content posted by users of our Apps, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. NICKEL MEDIA shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Apps for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Apps, we are only a forum and are not liable for any statements, representations, or Content provided by App users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of NICKEL MEDIA. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the App is used to disseminate statements that are harmful or inflammatory.

top

10. SUBMISSIONS TO HIDDEN WINDOW

You agree not to propose, post or submit to NICKEL MEDIA ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the App. In the event you do so, you hereby grant to NICKEL MEDIA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you unless required by applicable law or other requirements. You also grant to NICKEL MEDIA the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that NICKEL MEDIA is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against NICKEL MEDIA for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to NICKEL MEDIA, including the posting of materials to any forum or interactive area on the Apps, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

top

11. ACCEPTABLE USE

You agree to use our App and the Information (whether provided by us or others), as well as any Software provided in connection with the App, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our App, related Software, or Information, nor will you use our App or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Information or use our App in any manner that:

1.    is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;

2.    infringes someone else's patent, trademark, trade secret, copyright, privacy rights, right of publicity, or other intellectual property or other rights; 

3.    removes any proprietary notices or labels on the Content;

4.    advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;

5.    is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

6.    specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;

7.    constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;

8.    interferes with others using the Apps;

9.    is off-topic according to the description of the group, forum or webpage;

10.  contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;

11.  contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;

12.  disrupts, interferes or inhibits any other user from enjoying the Apps or other affiliated or linked websites, material, contents, products and/or services.

13.  uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the App or otherwise monitor or copy any portion of the App, products and/or services;

14.  creates a false identity for the purpose of misleading others;

15.  prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;

16.  uses any NICKEL MEDIA domain name as a pseudonymous return email address;

17.  contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);

18.  provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

19.  attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Apps;

20.  reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Apps or Content, use of the Apps, or access to the Apps;

21.  publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;

22.  systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;

23.  makes derivative uses of the Apps or the Content;

24.  uses, frames, or utilizes framing techniques to enclose any portion of the Apps (including the images found at the Apps or any text or the layout/design of any page or form contained on a page); and/or

25.  modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our App. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the App to determine the source code, structure, organization, internal design, algorithms or encryption devices of our App's underlying technology.

Unless you are participating in an area of the App that requires or encourages anonymity, we encourage you to use your real name.

top

12. APP SECURITY

Violating the security of our App is prohibited and may result in criminal and civil liability. NICKEL MEDIA may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the App or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

top

13. GEOGRAPHICAL RESTRICTIONS

Unless expressly and specifically stated otherwise in the App, NICKEL MEDIA provides this App for use only by persons located within the Canada and the United States. Certain subsidiaries or affiliates of NICKEL MEDIA only provide certain regulated telecommunications and other services in certain portions of Canada and the United States. NICKEL MEDIA makes no representation that all products, services and/or material described on the App are appropriate or available for use in locations outside Canada and the United States or all territories within Canada and the United States. Those who choose to access our App from other locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with NICKEL MEDIA provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our App. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.

top

14. GENERAL PRACTICE REGARDING USE AND STORAGE

You acknowledge that NICKEL MEDIA may establish general practices and limits concerning use of the App, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the App, the maximum number of email messages that may be sent from or received by an account in the App, the maximum size of any email message that may be sent from or received by an account on the App, the maximum disk space that will be allotted on NICKEL MEDIA'S servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the App in a given period of time. Your use of this App constitutes your consent to allow NICKEL MEDIA to store electronic communications on its servers. You agree that NICKEL MEDIA has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the App. You acknowledge that NICKEL MEDIA reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that NICKEL MEDIA reserves the right to modify these general practices and limits from time to time.

top

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.    YOUR USE OF OUR APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE APPS, ANY APP-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR APP, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE APPS AND ANY APP-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NICKEL MEDIA AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

2.    NICKEL MEDIA AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR APP WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE APP ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR APP WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR APP WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR APP WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR APP OR SOFTWARE WILL BE CORRECTED.

3.    ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR APP OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR APP OR OUR SOFTWARE.

4.    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NICKEL MEDIA OR THROUGH OR FROM OUR APP SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR APP SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

top

16. ENFORCEMENT

NICKEL MEDIA reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Apps and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

NICKEL MEDIA may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on NICKEL MEDIA'S reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of NICKEL MEDIA'S services, the App and other persons or entities from fraudulent, abusive, or unlawful use of the App or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

top

17. LIMITATION OF LIABILITY

IN NO EVENT SHALL NICKEL MEDIA, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE APPS OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE APPS, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPS OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE APPS, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR APP; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR APP; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR APP, EVEN IF NICKEL MEDIA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR APP-RELATED SERVICES IS TO STOP USING THE APP AND/OR THOSE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NICKEL MEDIA UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

top

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless NICKEL MEDIA and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all claims, actions, losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our App, your use of our App, your connection to our App, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with NICKEL MEDIA or your use of our App. NICKEL MEDIA reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with NICKEL MEDIA in asserting any available defenses.

top

19. TERMINATION/SUSPENSION

You agree that NICKEL MEDIA may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Apps or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Apps (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if NICKEL MEDIA elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Apps, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Apps. You agree that all terminations and suspensions for cause shall be made in NICKEL MEDIA'S sole discretion and that NICKEL MEDIA shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Apps. Further, NICKEL MEDIA reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Apps at any time for any reason and without notice to you in its sole discretion.

top

20. MISCELLANEOUS

NICKEL MEDIA'S failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between NICKEL MEDIA and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. NICKEL MEDIA may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of NICKEL MEDIA. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our App within one year after it arises.

top

How to Contact Us

Please contact us to address any concerns regarding your personal information.